Wills & Legal

Probate Guide — England and Wales 2026

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England & Wales · Non-Contentious Probate Rules 1987 · Updated October 2026

What is probate?

Probate is the legal process of administering a deceased person's estate. In England and Wales, it involves applying to the Probate Registry for a Grant of Probate (if there is a valid Will) or Letters of Administration (if there is no Will). The grant gives the executor or administrator legal authority to collect assets, pay debts, and distribute the estate.

When is probate needed?

Probate is not always required. It is typically needed when:

Probate is not usually needed for: jointly owned assets that pass automatically to the survivor; assets in trust; pension funds (which pass by nomination outside the estate); or small estates where all assets are in joint names or below bank thresholds.

The executor's duties

Probate Registry fees

Estate valueProbate fee
£5,000 or underNo fee
Over £5,000£526 (single fee from 13 July 2026, whatever the estate value)
Extra official copies of the grant£2 each

IHT must be paid before probate: HMRC requires inheritance tax to be paid before the Probate Registry will issue the Grant of Probate. This creates a practical problem since executors cannot access the estate assets without probate. Executors can apply for a Direct Payment Scheme through banks to release funds for IHT payment before probate.

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DocPilot's Executor's Checklist takes you through every stage of estate administration in England and Wales, from registering the death to final distribution, with IHT and probate fees as at October 2026.

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